Catering Services, Management Education Center in Troy

40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 1 of 56 REQUEST FOR PROPOSAL RFP#REQ720072 Catering Services for the Management Education Center in Troy RFP Timeline RFP Issue Date: Nov 16, 2022 Deadline for Respondent Questions to MSU: Nov 22, 2022 Mandatory walk-thru of the MEC facility Nov 29, 2022, 11:00 am EST RFP Response Due Date: Dec 7, 2022, 5:00 pm EST Estimated Contract Award Dec 16, 2022 RFP Contact Name: Hatice Yalcindag Email: yalcinda@msu.edu Phone: (517) 355-0357 DESCRIPTION: Michigan State University (the “University” or “MSU”) is soliciting proposals through this Request for Proposal (“RFP”) for the purpose of Catering Services Contract for the Management Education Center in Troy. The requested services are more thoroughly described under the Scope of Work Section of this RFP. Firms intending to respond to this RFP are referred to herein as a “Respondent” or

“Supplier.” 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 2 of 56 PROPOSAL INSTRUCTIONS 1. PROPOSAL PREPARATION. The University recommends reading all RFP materials prior to preparing a proposal, particularly these Proposal Instructions. Respondents must follow these Proposal Instructions and provide a complete response to the items indicated in the table below. References and links to websites or external sources may not be used in lieu of providing the information requested in the RFP within the proposal. Include the Respondent’s company name in the header of all documents submitted with your proposal. Document Description Response Instructions Cover Page Provides RFP title and number, important dates, and contact information for MSU Informational Proposal Instructions Provides RFP instructions to Respondents Informational Respondent Information Sheet Company and Contact Information, and Experience Respondent must complete and submit by proposal deadline Scope of Work Describes the intended scope of work for the RFP Respondent must complete and submit by proposal deadline Pricing Pricing for goods and services sought by the University through this RFP Respondent must complete and submit by proposal deadline Master Service Agreement Provides legal terms for a contract awarded through this RFP Deemed accepted by Respondent unless information required in Section 0, Master Service Agreement is submitted by proposal deadline MEC Food Service Contract Specifications -2022 Provides all specifications and pricing details Deemed accepted by Respondent unless information required in contract specifications is submitted by proposal deadline 2. EXPECTED RFP TIMELINE. RFP Timeline RFP Issue Date: Nov 16, 2022 Deadline for Respondent Questions to MSU: Nov 22, 2022 Mandatory walk-thru of the MEC facility Nov 29, 2022, 11:00 am EST RFP Response Due Date: Dec 5, 2022, 5:00 pm EST Estimated Contract Award Dec 16, 2022 3. CONTACT INFORMATION FOR THE UNIVERSITY. The sole point of contact for the University concerning this RFP is listed on the Cover Page. Contacting any other University personnel, agent, consultant, or representative about this RFP may result in Respondent disqualification. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 3 of 56 4. QUESTIONS. Respondent questions about this RFP must be submitted electronically by email to the contact listed on the cover page of this RFP. In the interest of transparency, only written questions are accepted. Answers to all questions will be sent to Respondents via email. Submit questions by referencing the following: (i) Question Number, (ii) Document Name, (iii) Page Number, and (iv) Respondent Question. Please refer to Section 2 above for the deadline to submit questions. 5. MODIFICATIONS. The University may modify this RFP at any time. Modifications will be sent via email. This is the only method by which the RFP may be modified. 6. DELIVERY OF PROPOSAL. The Respondent must submit its proposal, all attachments, and any modifications or withdrawals electronically via email to the contact listed on the cover page of this RFP. The price proposal should be saved separately from all other proposal documents. The Respondent should submit all documents in a modifiable (native) format (examples include, but are not limited to: Microsoft Word or Excel and Google Docs or Sheets). In addition to submitting documents in a modifiable format, the Respondent may also submit copies of documents in PDF. Respondent’s failure to submit a proposal as required may result in disqualification. The proposal and attachments must be fully uploaded and submitted prior to the proposal deadline. Do not wait until the last minute to submit a proposal. The University may not allow a proposal to be submitted after the proposal deadline identified in the Cover Page, even if a portion of the proposal was already submitted. 7. EVALUATION PROCESS. The University will convene a team of individuals from various Departments within MSU to evaluate each proposal based on each Respondent’s ability to provide the required services, taking into consideration the overall cost to the University. The University may require an oral presentation of the Respondent's proposal; conduct interviews, research, reference checks, and background checks; and request additional price concessions at any point during the evaluation process. The following criteria will be used to evaluate each proposal: Criteria Weight Food Quality 10% Client Service 5% Staffing 5% Experience 20% Training 5% Recommendations 10% Price 45% 100% 8. MASTER SERVICE AGREEMENT. The University strongly encourages strict adherence to the terms and conditions set forth in the Master Service Agreement. The University reserves the right to deem a proposal non-responsive for failure to accept the Master Service Agreement. Nevertheless, the Respondent may submit proposed changes to the Master Service Agreement in track changes (i.e., visible edits) with an explanation of the Respondent’s need for each proposed change. Failure to include track changes with an explanation of the Respondent’s need for the proposed change constitutes the Respondent’s acceptance of the Master Service Agreement. General statements, such as “the Respondent reserves the right to negotiate the terms and conditions,” may be considered non- responsive. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 4 of 56 9. CLARIFICATION REQUEST. The University reserves the right to issue a Clarification Request to a Respondent to clarify its proposal if the University determines the proposal is not clear. Failure to respond to a Clarification Request timely may be cause for disqualification. 10. RESERVATIONS. The University reserves the right to: a. Disqualify a Respondent for failure to follow these instructions. b. Discontinue the RFP process at any time for any or no reason. The issuance of an RFP, your preparation and submission of a proposal, and the University’s subsequent receipt and evaluation of your proposal does not commit the University to award a contract to you or anyone, even if all the requirements in the RFP are met. c. Consider late proposals if: (i) no other proposals are received; (ii) no complete proposals are received; (iii) the University received complete proposals, but the proposals did not meet mandatory minimum requirements or technical criteria; or (iv) the award process fails to result in an award. d. Consider an otherwise disqualified proposal, if no other proposals are received. e. Disqualify a proposal based on: (i) information provided by the Respondent in response to this RFP; or (ii) if it is determined that a Respondent purposely or willfully submitted false or misleading information in response to the RFP. f. Consider prior performance with the University in making its award decision. g. Consider total-cost-of-ownership factors (e.g., transition and training costs) when evaluating proposal pricing and in the final award. h. Refuse to award a contract to any Respondent that has outstanding debt with the University or has a legal dispute with the University. i. Require all Respondents to participate in a Best and Final Offer round of the RFP. j. Enter into negotiations with one or more Respondents on price, terms, technical requirements, or other deliverables. k. Award multiple, optional-use contracts, or award by type of service or good. l. Evaluate the proposal outside the scope identified in Section 7, Evaluation Process, if the University receives only one proposal. 11. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible Respondent who offers the best value to the University, as determined by the University. Best value will be determined by the Respondent meeting the minimum requirements and offering the best combination of the factors in Section 7, Evaluation Process, and price, as demonstrated by the proposal. The University will email a Notice of Award to all Respondents. A Notice of Award does not constitute a contract, as the parties must reach final agreement on a signed contract before any services can be provided. 12. GENERAL CONDITIONS. The University will not be liable for any costs, expenses, or damages incurred by a Respondent participating in this solicitation. The Respondent agrees that its proposal will be considered an offer to do business with the University in accordance with its proposal, including the Master Service Agreement, and that its proposal will be irrevocable and binding for a period of 180 calendar days from date of submission. If a contract is awarded to the Respondent, the University may, at its option, incorporate any part of the Respondent’s proposal into the contract. This RFP is not an offer to enter into a contract. This RFP may not provide a complete statement of the University’s needs, or contain all matters upon which agreement must be reached. Proposals submitted via email are the University’s property. 13. FREEDOM OF INFORMATION ACT. Respondent acknowledges that any responses, materials, correspondence or documents provided to the University may be subject to the State of Michigan Freedom of Information Act (“FOIA”), Michigan Compiled Law 15.231 et seq., and may be released to third parties in compliance with FOIA or any other law. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 5 of 56 RESPONDENT INFORMATION SHEET Please complete the following Information Sheet in the space provided: Information Sought Response Contact Information Respondent’s sole contact person during the RFP process. Include name, title, address, email, and phone number. Person authorized to receive and sign a resulting contract. Include name, title, address, email, and phone number. Respondent Background Information Legal business name and address. Include business entity designation, e.g., sole proprietor, Inc., LLC, or LLP. What state was the company formed in? Main phone number Website address DUNS# AND/OR CCR# (if applicable): Number of years in business and number of employees Legal business name and address of parent company, if any Has your company (or any affiliates) been a party to litigation against Michigan State University? If the answer is yes, then state the date of initial filing, case name and court number, and jurisdiction. Experience Describe relevant experiences from the last 5 years supporting your ability to successfully manage a contract of similar size and scope for the services described in this RFP. Experience 1 Company name Contact name Contact role at time of project Contact phone Contact email 1. Project name and description of the scope of the project 2. What role did your company play? 3. How is this project experience relevant to the subject of this RFP? Start and end date (mm/yy – mm/yy) Status (completed, live, other – specify phase) Experience 2 Company name Contact name Contact role at time of project Contact phone 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 6 of 56 Contact email 1. Project name and description of the scope of the project 2. What role did your company play? 3. How is this project experience relevant to the subject of this RFP? Start and end date (mm/yy – mm/yy) Status (completed, live, other – specify phase) Experience 3 Company name Contact name Contact role at time of project Contact phone Contact email 1. Project name and description of the scope of the project 2. What role did your company play? 3. How is this project experience relevant to the subject of this RFP? Start and end date (mm/yy – mm/yy) Status (completed, live, other – specify phase) 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 7 of 56 SCOPE OF WORK Please address each of the sections below in a written response, which can be completed on a separate sheet (using the same section headings). 1. Background. The Management Education Center is a full service conference center located in SE Michigan 20 miles north of Detroit. Sitting on over 25 acres in Troy, our expansive facility offers over 25,000 square feet of flexible indoor/outdoor event space. From intimate gatherings to grand events, our formal dining room, dramatic lobby, and outdoor patio provide the perfect space for receptions, conferences and meetings. Integrated technology, ergonomic seating and on-demand, in-person support distinguish us as best-in-class to support our clients’ needs. MEC is looking for a food & beverage services provider to maintain high quality to secure every event runs smoothly. https://mec.broad.msu.edu/menus/ 2. Scope of Work. Scope of Work and specifications are enclosed. Please see “Management Education Center Food Service Contract Specifications” starting from Page 19. Important Notice: * Respondents are required to attend the mandatory walk through at MSU Management Education Center (MEC) Facility at 11:00 am on Nov, 29. All interested parties will be onsite at the same time to see the facility and ask questions. This will be an opportunity for all individuals to hear each other's questions and our responses. MEC Address: 811 W Square Lake Rd, Troy, MI 48098 www.mectroy.com * Food Quality & Client service are two important elements in this contract. During evaluation phase of the proposals, respondents might be asked to prepare a sample meal as a taste test. Evaluation committee will also need to look for evidence these elements exist by looking at past experiences & recommendations. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 8 of 56 PRICING Please include a Pricing proposal as identified below on a separate sheet. Pricing details are indicated under Section III of “Management Education Center Food Service Contract Specifications”. Please scroll down to see “III. Menu Item Specifications & Pricing” on Page 29. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 9 of 56 MASTER SERVICE AGREEMENT (attached) This Master Services Agreement (this “Agreement”), entered into as of [Month, Day, Year] (“Effective Date”), is made by and between Michigan State University, with offices located at 426 Auditorium Rd, East Lansing, MI 48824 (“MSU” or “University”) and [Name of Supplier], with offices at [Address, City, State, Zip] (“Supplier”). MSU and Supplier are sometimes referred to in this Agreement individually as a “party” and collectively as the “parties.” 1. TERM 1.1 The term of this Agreement shall commence on the Effective Date and shall continue until Supplier has completed all Services under the Statement of Work and the warranties for Services have expired, unless earlier terminated in accordance with paragraph 13 (the “Term”). Any extension of the Term will be subject to mutual written agreement between the parties. 2. SERVICES 2.1 Supplier shall provide to MSU the services (the “Services”) set forth in the Statement of Work, attached as Schedule A to this Agreement (the “Statement of Work”). 2.2 Unless otherwise set forth in Statement of Work, Supplier shall furnish, at its own expense, the tools, equipment, supplies and other materials used to perform the Services. MSU shall provide Supplier with access to its premises and equipment to the extent necessary for the performance of the Services. 2.3 Supplier shall comply with all applicable policies of MSU relating to conduct, health and safety and use of MSU’s facilities, supplies, information technology, equipment, networks and other resources. 3. WARRANTY OF SERVICES 3.1 The Services will be in conformity in all material respects with all requirements or specifications stated in this Agreement and the Statement of Work for a period of twelve (12) months after acceptance by MSU (the “Service Warranty”). In the event of Supplier's breach of the foregoing Service Warranty: (a) Supplier shall use reasonable efforts to cure such breach; provided, that if Supplier cannot cure such breach within a reasonable time (but no more than fifteen (15) days after MSU's written notice of such breach, MSU may, at its option, terminate the Agreement by serving written notice of termination in accordance with Section 13.2. (b) In the event the Agreement is terminated in accordance with this Section, Supplier shall within thirty (30) days after the effective date of termination, refund to MSU any fees paid by MSU as of the date of termination for such Services that are the subject of the breach. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 10 of 56 4. INTELLECTUAL PROPERTY MSU is and shall be, the sole and exclusive owner of all right, title and interest throughout the world in and to all designs, drawings, reports, or other materials created specifically for MSU under this Agreement, including but not limited to any deliverables set forth in the Statement of Work, including all patents, copyrights, trademarks, trade secrets and other intellectual property rights therein. 5. SUBCONTRACTORS 5.1 Supplier will not, without the prior written approval of MSU, which consent may be given or withheld in MSU’s sole discretion, engage any third party to perform Services. MSU’s approval of any such third party (each approved third party, a “Subcontractor”) does not relieve Supplier of its representations, warranties or obligations under this Agreement. Without limiting the foregoing, Supplier will: (a) be responsible and liable for the acts and omissions of each such Subcontractor (including such Subcontractor's employees who, to the extent providing Services, shall be deemed Supplier personnel) to the same extent as if such acts or omissions were by Supplier or its employees; (b) name MSU a third party beneficiary under Supplier’s contract with each Subcontractor with respect to the Services; (c) be responsible for all fees and expenses payable to, by or on behalf of each Subcontractor in connection with this Agreement, including, if applicable, withholding of income taxes, and the payment and withholding of social security and other payroll taxes, unemployment insurance, workers' compensation insurance payments and disability benefits; and 6. PAYMENT 6.1 MSU will pay the fees set forth in the Statement of Work (the “Fees”) in accordance with this Section 6 and any payment milestones set forth in the Statement of Work. 6.2 Supplier’s invoices must conform to the requirements set forth in the Statement of Work. Invoices are due and payable by the University, in accordance with the University’s standard payment procedures, which are 2.75% 10 days, net 30 days after receipt, provided the University determines that the invoice was properly rendered. Supplier may only charge for Services performed as specified in the Statement of Work. Invoices must include an itemized statement of all charges. MSU is exempt from state sales tax for direct purchases and may be exempt from federal excise tax, if Services purchased under this Agreement are for MSU’s exclusive use. 6.3 MSU has the right to withhold payment of any disputed amounts until the parties agree as to the validity of the disputed amount. MSU will notify Supplier of any dispute within a reasonable time. Payment by MSU will not constitute a waiver of any rights as to Supplier’s continuing obligations, including claims for deficiencies or substandard Services. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 11 of 56 6.4 Without prejudice to any other right or remedy it may have, MSU reserves the right to set off at any time any amount then due and owing to it by Supplier against any amount payable by MSU to Supplier. 6.5 Unless otherwise set forth in the Statement of Work, Supplier is solely responsible for any travel or other costs or expenses incurred by Supplier in connection with the performance of the Services, and in no event shall MSU reimburse Supplier for any such costs or expenses. If the Statement of Work allows for reimbursement of travel costs, such reimbursement is subject to MSU’s Travel Reimbursement Policy set forth at http://www.ctlr.msu.edu/COTravel/ReimbursementChart.aspx. 7. RELATIONSHIP OF THE PARTIES 7.1 Supplier is an independent contractor of MSU, and this Agreement shall not be construed to create any association, partnership, joint venture, employee or agency relationship between Supplier and MSU for any purpose. Supplier has no authority (and shall not hold itself out as having authority) to bind MSU and Supplier shall not make any agreements or representations on MSU’s behalf without MSU’s prior written consent. 7.2 Without limiting paragraph 7.1, Supplier will not be eligible under this Agreement to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits or any other fringe benefits or benefit plans offered by MSU to its employees, and MSU will not be responsible for withholding or paying any income, payroll, Social Security or other federal, state or local taxes, making any insurance contributions, including unemployment or disability, or obtaining worker's compensation insurance on Supplier’s behalf. Supplier shall be responsible for, and shall indemnify MSU against, all such taxes or contributions, including penalties and interest. Any persons employed by Supplier in connection with the performance of the Services shall be Supplier’s employees and Supplier shall be fully responsible for them. 8. CONFIDENTIALITY 8.1 Meaning of Confidential Information. The term “Confidential Information” means all information and documentation of a party that: (a) has been marked “confidential” or with words of similar meaning, at the time of disclosure by such party; (b) if disclosed orally or not marked “confidential” or with words of similar meaning, was subsequently summarized in writing by the disclosing party and marked “confidential” or with words of similar meaning; or, (c) should reasonably be recognized as confidential information of the disclosing party. The term “Confidential Information” does not include any information or documentation that was or is: (a) in the possession of MSU and subject to disclosure under the Michigan Freedom of Information Act (FOIA); (b) already in the possession of the receiving party without an obligation of confidentiality; (c) developed independently by the receiving party, as demonstrated by the receiving party, without violating the disclosing party’s proprietary rights; (d) obtained from a source other than the disclosing party without an obligation of confidentiality; or, (e) publicly available when received, or thereafter became publicly available (other than through any unauthorized disclosure by, through, or on behalf of, the receiving party). Notwithstanding the above, in all cases and for all matters, MSU Data is deemed to be Confidential Information. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 12 of 56 8.2 Obligation of Confidentiality. The parties agree to hold all Confidential Information in strict confidence and not to copy, reproduce, sell, transfer, or otherwise dispose of, give or disclose such Confidential Information to third parties other than employees, agents, or subcontractors of a party who have a need to know in connection with this Agreement or to use such Confidential Information for any purposes whatsoever other than the performance of this Agreement. The parties agree to advise and require their respective employees, agents, and subcontractors of their obligations to keep all Confidential Information confidential. Disclosure to the Supplier’s subcontractor is permissible where (a) the disclosure is necessary or otherwise naturally occurs in connection with work that is within the subcontractor's responsibilities; and (b) Supplier obligates the subcontractor in a written contract to maintain MSU’s Confidential Information in confidence. At MSU’s request, any of the Supplier’s representatives may be required to execute a separate agreement to be bound by the provisions of this Section 13.2. 8.3 Cooperation to Prevent Disclosure of Confidential Information. Each party must use its best efforts to assist the other party in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the foregoing, each party must advise the other party immediately in the event either party learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Agreement. Each party will cooperate with the other party in seeking injunctive or other equitable relief against any such person. 8.4 Remedies for Breach of Obligation of Confidentiality. Each party acknowledges that breach of its obligation of confidentiality may give rise to irreparable injury to the other party, which damage may be inadequately compensable in the form of monetary damages. Accordingly, a party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available, to include, in the case of MSU, at the sole election of MSU, the immediate termination, without liability to MSU, of this Agreement. 8.5 Surrender of Confidential Information upon Termination. Upon termination or expiration of this Agreement, each party must, within five (5) Business Days from the date of termination, return to the other party any and all Confidential Information received from the other party, or created or received by a party on behalf of the other party, which are in such party’s possession, custody, or control. If Supplier or MSU determine that the return of any Confidential Information is not feasible, such party must destroy the Confidential Information and certify the same in writing within five (5) Business Days from the date of termination to the other party. 9. AUDIT AND RETENTION OF BOOKS AND RECORDS University shall have access to and the right to examine and copy any directly pertinent books, documents, papers, and records of Supplier involving transactions related to this Agreement until the expiration of three (3) years after final payment hereunder. Supplier further agrees to promptly furnish, when requested by University, such books, documents, and records of Supplier as are necessary to verify the accuracy of the amounts invoiced to University against any past or current goods and services provided by Supplier. If any audit discloses an overpayment by University or a discrepancy in the amount invoiced by Supplier against 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 13 of 56 the goods and services actually provided by Supplier, Supplier will promptly reimburse University within thirty (30) days of University’s notification to Supplier of any such overpayment, rectify such discrepancy, or both, and further pay University a fee equal to 25% of the amount of any overpayment. 10. REPRESENTATIONS AND WARRANTIES 10.1 Supplier represents and warrants to MSU that: (a) Supplier has the right to enter into this Agreement, to grant the rights granted herein and to perform fully all of its obligations in this Agreement; (b) Supplier’s entering into this Agreement with MSU and its performance of the Services do not and will not conflict with or result in any breach or default under any other agreement to which it is subject; (c) Supplier has the required skill, experience and qualifications to perform the Services, Supplier shall perform the Services in a professional and workmanlike manner in accordance with best industry standards for similar services and Supplier shall devote sufficient resources to ensure that the Services are performed in a timely and reliable manner; (d) Supplier shall perform the Services in compliance with all applicable federal, state and local laws and regulations; 10.2 MSU hereby represents and warrants to Supplier that: (a) it has the full right, power and authority to enter into this Agreement and to perform its obligations hereunder; and (b) the execution of this Agreement by its representative whose signature is set forth at the end hereof has been duly authorized by all necessary organizational action. 11. INDEMNIFICATION 11.1 Supplier shall defend, indemnify and hold harmless MSU and its affiliates and their trustees, officers, directors, employees, agents, successors and permitted assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind (including reasonable attorneys' fees) arising out of or resulting from: (a) bodily injury, death of any person or damage to real or tangible, personal property resulting from Supplier’s acts or omissions; (b) Supplier’s breach of any representation, warranty or obligation under this Agreement; and (c) any claim that the Services infringe any other person’s or entities’ intellectual property rights. 11.2 MSU may satisfy such indemnity (in whole or in part) by way of deduction from any payment due to Supplier. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 14 of 56 12. INSURANCE 12.1 While performing services under this Agreement, Supplier shall purchase and maintain the following insurance: (a) Workers Compensation insurance, Coverage A, with limits statutorily required by any applicable Federal or state law and Employers Liability insurance, Coverage B, with minimum limit of $500,000 per accident; (b) Commercial General Liability insurance with a minimum limit of $1,000,000 each occurrence/$2,000,000 general aggregate. Coverage shall include bodily injury and property damage liability, personal and advertising injury liability, products/completed operations, and liability assumed under an insured contract; (c) Business Automobile Liability Insurance covering owned, hired, leased, and non-owned automobiles used on behalf of Supplier and providing insurance for bodily injury, property damage, and contractual liability. Limits of liability shall not be less than $1,000,000 per occurrence; and (d) Professional liability/errors and omissions insurance with limits no less than $1 million. 12.2 Insurance policies shall be issued by companies licensed or approved to do business within the State of Michigan. Insurers shall possess a minimum A.M. Best rating of A. The insurance policies, where allowable, shall be endorsed to name Michigan State University as “Additional Insureds.” In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend for three years past completion and acceptance of Supplier’s Services and must be evidenced by annual certificates of insurance. All policies of insurance must be on a primary basis, non-contributory with any other insurance and/or self-insurance carried by MSU. Supplier shall provide a minimum 30 days written notice to MSU via certified mail of cancellation or non-renewal of policies required under this Agreement and a renewal certificate at least 15 days prior to expiration. 13. TERMINATION 13.1 MSU may terminate this Agreement without cause upon thirty (30) days' written notice to Supplier. In the event of termination pursuant to this paragraph 13.1, MSU shall pay Supplier any Fees due and payable for any Services completed up to and including the date of such termination. 13.2 MSU may terminate this Agreement, effective upon written notice to Supplier, in the event that Supplier materially breaches this Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, Supplier does not cure such breach within fifteen (15) days after receipt of written notice of such breach. MSU shall pay Supplier any Fees due and payable for any Services completed up to and including the date of such termination, subject to MSU’s right of offset for reasonable costs incurred by MSU as a result terminating the Agreement. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 15 of 56 13.3 Upon expiration or termination of this Agreement for any reason, or at any other time upon MSU’s written request, Supplier shall within fifteen (15) days after such expiration or termination: (a) deliver to MSU any tools, equipment or other materials provided for Supplier’s use by MSU; (b) deliver to MSU all tangible documents and materials (and any copies) containing, reflecting, incorporating or based on the Confidential Information; (c) take all reasonable and necessary measures to transition performance of the Services, reports and other documentation, to MSU or MSU’s designee; (d) prepare an accurate accounting from which MSU and Supplier may reconcile all outstanding accounts; (e) permanently erase all of the Confidential Information from Supplier’s computer systems; and (f) certify in writing to MSU that Supplier has complied with the requirements of this paragraph. 14. ASSIGNMENT Supplier shall not assign any rights, or delegate or subcontract any obligations, under this Agreement without MSU’s prior written consent. Any assignment in violation of the foregoing shall be deemed null and void. MSU may freely assign its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding upon, and be enforceable against, each of the parties hereto and their respective successors and assigns. 15. PUBLICITY Supplier may not, without the prior written consent of MSU, issue any press release or announcement, advertise or publish the fact that the parties have entered into this Agreement, or disclose any information relating to this Agreement. Further, Supplier will not use the name, logo, or any other marks (including, but not limited to, colors and music) owned by or associated with MSU, or the name of any representative of MSU without the prior written permission of MSU in each instance. 16. LIMITATION OF LIABILITY NEITHER PARTY WILL BE LIABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR BY STATUTE OR OTHERWISE, FOR ANY CLAIM RELATED TO OR ARISING UNDER THIS CONTRACT FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND LOST BUSINESS OPPORTUNITIES. OTHER THAN ITS PAYMENT OBLIGATIONS, IN NO EVENT WILL MSU’S AGGREGATE LIABILITY TO SUPPLIER UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR BY STATUTE OR OTHERWISE, FOR ANY CLAIM RELATED TO OR ARISING UNDER THIS AGREEMENT, EXCEED THE TOTAL AMOUNT OF PAYMENTS PAID BY MSU TO SUPPLIER DURING THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CLAIM. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 16 of 56 17. NON-DISCRIMINATION UNDER MICHIGAN LAW Pursuant to Section 209 of the Michigan Elliot-Larsen Civil Rights Act and Section 209 of the Michigan Persons with Disabilities Civil Rights Act, in providing services, the Supplier and its contractor(s) agree not to discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of age, color, familial status, height, marital status, national origin, race, religion, sex, weight, or a disability that is unrelated to the individual’s ability to perform the duties of a particular job or position. 18. FEDERAL CONTRACT COMPLIANCE. 18.1 University is an equal opportunity employer and a federal contractor or subcontractor. Consequently, the parties agree that, as applicable, they will abide by the requirements of 41 CFR 60-1.4(a), 41 CFR 60- 300.5(a) and 41 CFR 60-741.5(a) and that these laws are incorporated herein by reference. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. These regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The parties also agree that, as applicable, they will abide by the requirements of Executive Order 13496 (29 CFR Part 471, Appendix A to Subpart A), relating to the notice of employee rights under federal labor laws. 18.2 In accordance with Public Law 115-91 and FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities, and Public Law 115-232 and FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment, Supplier is prohibited from delivering covered telecommunications equipment as defined in FAR 52.204-25 or covered articles as defined in FAR 52.204-23. Supplier hereby represents and warrants that it will abide by the prohibitions contained in this Section. 19. COMPLIANCE WITH LAWS Supplier shall comply with all applicable laws, regulations and ordinances and the University’s policies and rules, found at https://upl.msu.edu/procurement/supplier-resources/policies-for-suppliers/index.html. Supplier has and shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to carry out its obligations under this Agreement. 20. CRIMINAL BACKGROUND CHECKS Supplier may be required to perform criminal background checks of its personnel pursuant to the MSU Contractor Criminal Background Check Requirements Policy (“CBC Policy”), available at https://upl.msu.edu/common/documents/criminal-back-ground-check.pdf. If Supplier is subject to the 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 17 of 56 CBC Policy, Supplier must sign and deliver the Contractor Certification for Criminal Background Checks to University prior to the provision of any services or delivery of any goods. University reserves the right to audit compliance with the CBC Policy requirements and may require further documentation of compliance from Supplier. Non-compliance with the Policy is considered a material breach of this Agreement, which may result in a termination for cause 21. CONFLICT OF INTEREST. Supplier warrants that to the best of Supplier’s knowledge, there exists no actual or potential conflict between Supplier and the University, and its Services under this Agreement, and in the event of change in either Supplier’s private interests or Services under this Agreement, Supplier will inform the University regarding possible conflict of interest which may arise as a result of the change. Supplier also affirms that, to the best of Supplier’s knowledge, there exists no actual or potential conflict between a University employee and Supplier. 22. MISCELLANEOUS 22.1 All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this section). All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or e-mail (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving party has received the Notice and (b) the party giving the Notice has complied with the requirements of this Section. 22.2 Neither Supplier nor MSU shall be liable for failure to perform its respective obligations under the Agreement when failure is caused by fire, explosion, flood, act of God, epidemics or pandemics, civil disorder or disturbances, strikes, vandalism, war, riot, sabotage, weather and energy related closings, or like causes beyond the reasonable control of the party (“Force Majeure Event”). In the event that either party ceases to perform its obligations under this Agreement due to the occurrence of a Force Majeure Event, the party shall: (a) as soon as practicable notify the other party in writing of the Force Majeure Event and its expected duration; (b) take all reasonable steps to recommence performance of its obligations under this Agreement as soon as possible, including, as applicable, abiding by the disaster plan in place for MSU. In the event that any Force Majeure Event delays a party’s performance for more than thirty (30) calendar days following notice by the delaying party pursuant to this Agreement, the other party may terminate this Agreement immediately upon written notice 22.3 This Agreement, together with any other documents incorporated herein by reference and related Exhibits and Schedules, constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 18 of 56 NO TERMS ON SUPPLIER’S INVOICES, WEBSITE, BROWSE-WRAP, SHRINK-WRAP, CLICK-WRAP OR OTHER NON-NEGOTIATED TERMS AND CONDITIONS PROVIDED WITH ANY OF THE SERVICES HEREUNDER WILL CONSTITUTE A PART OR AMENDMENT OF THIS AGREEMENT OR IS BINDING ON MSU FOR ANY PURPOSE. ALL SUCH OTHER TERMS AND CONDITIONS HAVE NO FORCE AND EFFECT AND ARE DEEMED REJECTED BY MSU, EVEN IF ACCESS TO OR USE OF SUCH SERVICES REQUIRES AFFIRMATIVE ACCEPTANCE OF SUCH TERMS AND CONDITIONS. 22.4 This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto, and any of the terms thereof may be waived, only by a written document signed by each party to this Agreement or, in the case of waiver, by the party or parties waiving compliance. 22.5 This Agreement shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in Ingham County in the State of Michigan in any legal suit, action or proceeding arising out of or based upon this Agreement or the Services provided hereunder. 22.6 If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 22.7 This Agreement may be executed in multiple counterparts and by electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. MICHIGAN STATE UNIVERSITY [Name of Supplier] Signature: Signature: Print Name: Print Name: Title: Title: Date: Date: 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 19 of 56 Management Education Center Michigan State University Troy, Michigan FOOD SERVICE CONTRACT SPECIFICATIONS This document includes Sections I thru XI and details the governing provisions of the Food Service Contract for the MSU Management Education Center in Troy, MI. For the purposes of this document, the MSU Management Education Center (MEC) will be referred to as the "Purchaser". The food service vendor who is awarded the contract will be referred to as the “Operator”. Operators must adhere to all details and specifications contained throughout this document. Document Sections I. Introduction II. General Food & Menu Specifications III. Menu Item Specifications & Pricing IV. Responsibilities of the Operator V. Operator as Alcoholic Beverage Service Manager VI. Responsibilities of the Purchaser VII. Rights and Authority of Purchaser VIII. Restrictions on Operator IX. Personnel and Supervision X. Accounting Records and Reports XI. Termination of Contract 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 20 of 56 Section I Introduction 1. The quality of food service at the Management Education Center is a critically important element in providing a professional training and conference atmosphere for the Center's business clientele. This quality dimension includes actual food quality and service excellence. Employee appearance, courtesy, and attitude must always be professional. The Operator's flexibility and responsiveness to client needs as determined by MEC is crucial. 2. Potential vendors who are interested in submitting a bid are required to attend a mandatory walk-thru of the MEC facility. The date & time of this walk-thru will be provided by the purchasing agent in MSU Procurement. 3. Potential vendors and bids will be evaluated on numerous factors including;  Food Quality  Client Service  Staffing  Experience  Training  Recommendations  Price 4. The initial term of this contract will cover the period of January 1, 2023 through June 30, 2023. This 6- month contract will be deemed a trial / probationary period. At the end of this probationary period and upon mutual agreement of all parties (Operator, Purchaser & MSU Procurement) this contract may be extended for an additional 3 years covering the period July 1, 2023 through June 30, 2026. Food prices as quoted in section III will be held firm during the probationary period and first year of the contract extension if applicable (January 1, 2023 through June 30, 2024). Price escalation will be allowed during the remaining two years of the contract extension if applicable Please indicate the appropriate percentage increase below. July 1, 2024 – June 30, 2025 Escalation Factor _________% July 1, 2025 – June 30, 2026 Escalation Factor _________% 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 21 of 56 5. Potential Operators must provide the following specific information. Once accepted and finalized, these quotations will be attached to and become part of this contract. A) Provide price quotations in Section III for all numbered food & beverage items. Please note the following when quoting prices;  All costs of operations should be reflected in the individual item prices as quoted. There is no additional reimbursement to operator for other expenses such as linen costs, paper goods, etc. Rates quoted are to be all inclusive of procurement, preparation, cooking, serving & cleaning. Rates shall not include facility overhead as Purchaser owns & maintains all equipment and pays all utilities (water, electric, gas & internet).  All meals served will include complete linen service (table cloths & napkins), china, and silverware service. Coffee services, breaks, etc will require linen service, china, silverware. Paper napkins are appropriate in conference rooms.  Prices quoted are to be from the Operator to the Purchaser. All food services are sold to Purchaser. Purchaser will add a markup on items before invoicing MEC clients.  MEC clients are charged twenty percent (20%) service charge on all food and beverage sales (excluding cash bar sales). Purchaser will retain 6% and pay 14% to Operator. B) In a separate document, provide the following staffing details for kitchen, waitstaff & bartenders;  Identify the manager, chef, and other key personnel intended to manage the MEC operation. Supply background on education and work experience for each individual.  Indicate hourly wage rates that will be paid to your service and kitchen personnel at the MEC. Also indicate any fringe benefits provided to these personnel. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 22 of 56  Identify the standard number of covers per waitstaff for both lunches and dinners as well as kitchen and supervisory coverage. Identify the number of guests to be served by one (1) bartender for receptions etc.  Specify your hourly rate for bartender services.  Specify your hourly rate for waiter / waitress services for cocktail receptions. C) Provide contacts for references and / or letters of recommendation. Section II General Food & Menu Specifications 1) Food Purchasing Specifications All items will meet or exceed the following standards: Meats 1. Beef - USDA Prime or Top choice; fresh 2. Pork - USDA #1; Fresh 3. Veal - USDA Choice or above; fresh; class A 4. Poultry - USDA Grade AA Fish & Seafood Fresh when available or IQF National brands Dairy Products 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 23 of 56 1. Milk - Grade A; 2% to be available 2. Cream - 20% butter fat for coffee service 3. Butter & Margarine - US Grade A 4. Whipping cream - 36% butter fat 5. Ice Cream - 10% minimum butter fat 6. Cheese - US Grade AA Eggs US Grade A or above, date stamped Fruits & Vegetables Fresh, US #1 or Fancy 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 24 of 56 2) Breakfast & Breaks – General Specifications A. Coffee service includes freshly brewed regular and decaffeinated with a variety of flavored creamers, sugars, etc. plus a selection of hot tea packets. B. Cold beverage service includes a variety (4-5) of canned softdrinks plus bottled water. C. Juice service shall offer choice of minimum of 3 varieties; 6oz per person; may be fresh, frozen, or frozen concentrate. D. Pastries - Quantity will average 1 1/2 per person with minimum of 3 varieties from the list below;  Danish: Fresh daily either baked from scratch on-site or purchased fresh daily; 4 oz each with a minimum of 4 varieties.  Muffins: Fresh daily either baked from scratch on-site or purchased fresh daily; 4 oz each with a minimum of 4 varieties.  Doughnuts: Purchased bakery fresh daily on day of service.  Bagels: Fresh daily, minimum 2 1/2 oz each, multiple varieties.  Croissants: Fresh or frozen, 1 oz each.  Scones: Fresh daily either baked from scratch on-site or purchased fresh daily; 4 oz each.  Breakfast breads, Bread Pudding, or similar; fresh made on-site daily. E. Fruit Platters - All fresh cut & washed with a selection of 5-7 items. 6 oz. total per person. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 25 of 56 F. Vegetable Platters – All fresh cut & washed with a selection of 6-9 items. 6 oz. raw weight per person. Items: Broccoli, cauliflower, celery, peppers, cherry tomatoes, radish, carrots, cucumber, summer squash. G. Cheese & Cracker Platters - 3 oz per person of domestic or imported cheeses, 2-3 varieties; 3-5 varieties of crackers. H. Cookies & Brownies - Baked on-site, fresh daily. - Brownies 1 per person, 3 oz. - Cookies 2 per person, 2-3 oz each with choice of 4 varieties. I. Cream Cheese - Served in individual packets, unlimited supply. J. Butter - Served in bulk or individual packets, unlimited supply. K. Fruit Jam – Minimum of 3 choices, served in bulk or individual packets, unlimited supply. 3) Luncheon & Dinner – General Specifications A. All entrees are to be prepared from scratch on-site, not purchased pre-prepared. B. Unless indicated, all entrees are to be prepared from fresh (not frozen) product: 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 26 of 56 Beef & Pork - purchased fresh. Fish - fresh if available, otherwise frozen. Chicken - fresh except for pre-portioned skinless breasts which may be purchased frozen. C. All hot entrees served for lunch or dinner will include:  Salad: (3 1/2 oz.) tossed with mixed greens, tomato, cucumber, carrot, croutons, cabbage, radishes, choice of 3 dressings.  Fresh Vegetable: Appropriate to entrée from; broccoli, green beans, carrots, cauliflower, mixed or asparagus.  Fresh bread or rolls: fresh baked on-site daily, 1 1/2 - 2 oz. each, 1 1/2 per person. Sandwich meals can be store bought breads with 3 varieties.  Dessert: Prepared from scratch, on-site, fresh daily. Choices: See dessert selections indicated below.  Choice of beverage - coffee, tea, iced tea, lemonade, milk & soft drinks. Typical is 1 serving plus 1 refill. D. All dinners will also include: Potato (baked, au gratin, herb roasted, duchess, scalloped) or rice (herb rice, wild rice, pilaf, etc.) E. Some lunches (where indicated on menu) will be served with rice, pasta, or potato. F. National Association of Meat Purveyors (NAMP) numbers are specified where appropriate. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 27 of 56 4) Dessert – General Specifications All desserts are to be made from scratch, fresh daily, baked on-site and garnished when appropriate. A. Hot Entrée Meals (Lunch & Dinner);  Chocolate, White Chocolate, or Maple Mousse.  Strawberries in Puffed Pastry with whipped cream.  Chocolate Cake.  Sherbet or Ice Cream.  Apple, Cherry, or Blueberry Pie - Served with whipped cream. (3.5 oz).  Cheese Cake - plain or chocolate served with either cherry, apple, or blueberry topping (4 oz).  Apple Spice Cake - served with pecan caramel sauce and whipped cream (3 oz).  Sour Cream Raspberry Pie - baked on a pie crust served with whipped cream (3 oz).  Chocolate Mousse Pie - white or dark chocolate mousse on pie crust with chocolate frosting (3 oz.).  Chocolate Mousse in puffed pastry with cherries (4 oz).  Cobbler or Trifles. B. Sandwich or Salad Entrée Meals (Lunch or Dinner);  Cupcakes, cookies, cookie bars, brownies.  Cobbler or Trifles. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 28 of 56 5) Dietary Restrictions Operator shall prepare special dietary meals as planned for and requested by the Purchaser on behalf of MEC clients. Purchaser will request advanced notice from MEC clients a list of special needs so Operator has sufficient time to prepare. Typical dietary request may include but are not limited to; dairy free, gluten free, nut free, vegan, vegetarian, etc. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 29 of 56 Section III Menu Item Specifications & Pricing  Submit a price on all numbered items in this section  All prices are per person unless noted otherwise A. Breakfast 1. HOT BEVERAGE SERVICE__$_______ Freshly brewed regular and decaffeinated coffee plus herbal tea, spiced cider and cocoa mix 2. Cold Beverage Service__$_______ One soft drink and one bottle of water per person 3. HOT BEVERAGE WITH JUICE__$_______ Our Hot Beverage Service with a variety of chilled fruit juices 4. HOT BEVERAGE WITH PASTRIES__$_______ Our Hot Beverage Service with a variety of pastries, which may include bagels, muffins, croissants, coffee cakes or scones 5. CONTINENTAL__$_______ Freshly brewed regular and decaffeinated coffee, herbal tea, spiced cider, cocoa and chilled fruit juices. Also includes an assortment of breakfast pastries, fresh-baked muffins and bagels with cream cheese 6. CONTINENTAL DELUXE__$_______ Our Continental Breakfast with the addition of fresh-cut fruit 7. CONTINENTAL SUPREME__$_______ Our Continental Deluxe Breakfast with the addition of assorted yogurt and granola 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 30 of 56 8. MINI HOT__$_______ Savory vegetable and cheese quiche, sausage links (2 per person, 3 oz, turkey or pork), French toast casserole, variety of breakfast pastries, fresh-cut fruit platter, hot beverage service and chilled fruit juice. Minimum order 20 people 9. EXECUTIVE BREAKFAST__$_______ A plated meal with your choice of scrambled eggs: plain, cheddar cheese, western or tomato basil with feta. Your choice of meat (5 oz per person): ham, bacon or sausage (turkey or pork). Also includes seasoned potatoes (5 oz per person), fresh fruit platter, assorted muffins, Hot Beverage Service and chilled fruit juice 10. Oatmeal__$_______ Old-fashioned oats served with brown sugar and assorted toppings on the side 11. Silver Dollar Pancakes__$_______ Two silver dollar pancakes served with butter and syrup 12. Breakfast Croissant Sandwich__$_______ Large croissant with two fried eggs, American cheese and choice of bacon, Canadian bacon or sausage patty 13. Breakfast Burrito__$_______ Scrambled eggs with chorizo, cheese, peppers and onions, wrapped in a flour tortilla. Served with cilantro sour cream and a variety of hot sauces B. Breaks and Snacks 14. MEDITERRANEAN BREAK__$_______ Hot Beverage Service, assorted soft drinks, homemade hummus topped with feta and chopped tomatoes. Served with pita bread or crackers, vegetable crudité for dipping and mixed nuts 15. MATINÉE__$_______ Hot Beverage Service, iced tea, lemonade, assorted soft drinks, individual bags of potato chips, pretzels and popcorn 16. VEGETARIAN BREAK__$_______ 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 31 of 56 Hot Beverage Service, assorted soft drinks and your choice of either a fruit or vegetable platter served with cheese and crackers 17. COOKIES AND CREAM__$_______ Hot Beverage Service, assorted soft drinks and a variety of cookies and ice cream novelties 18. DAILY DELIGHT__$_______ Hot Beverage Service, assorted soft drinks, chocolate-dipped strawberries, sliced apples and granola bars 19. SWEET TOOTH__$_______ Hot Beverage Service, assorted soft drinks, cookies (1 per person) and brownies (1 per person) 20. Fruit Juice__$_______ 21. Hot Tea__$_______ 22. Iced Tea__$_______ 23. Lemonade__$_______ 24. Punch__$_______ 25. Bagels with Cream Cheese__$_______ 26. Croissants with Jam__$_______ 27. Donuts__$_______ 28. Muffins__$_______ 29. Granola Bars__$_______ 30. Whole Fruit Bowl__$_______ 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 32 of 56 31. Yogurt__$_______ 32. Cheese and Crackers__$_______ 33. Fruit Platter__$_______ 34. Vegetable Platter__$_______ 35. Hard-Boiled Eggs__$_______ 36. Chips, Salsa and Guacamole__$_______ 37. Chips, Dips and Nuts__$_______ 38. Mixed Fancy Nuts__$_______/per bowl (Serves 10 people) 39. Chips__$_______ 40. Pretzels__$_______ 41. Popcorn__$_______ 42. Ice Cream Bars or Sandwiches__$_______ 43. Brownies__$_______ 44. Cookies__$_______ 45. Chocolate-Dipped Strawberries__$_______ 46. Ice Cream Sundae Bar__$_______ (Minimum order is 25 people) 47. Bar Cookies__$_______ (Minimum order is 24 people) 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 33 of 56 C. Salads, Soups and Sandwiches Salads 48. Chicken Add-On__$_______ Add grilled chicken (4 oz sliced) to any entrée salad 49. TRAVERSE CITY SALAD__$_______ A blend of romaine lettuce and mixed baby greens topped with Traverse City dried cherries, strawberries, mandarin oranges, toasted pine nuts, red onion and blue cheese served with raspberry vinaigrette 50. ASIAN SALAD__$_______ Mixed baby greens, spinach, slivered pea pods, mushrooms, julienne red onion, tomatoes, mandarin oranges and toasted almonds served with sesame vinaigrette 51. CAESAR SALAD__$_______ A salad of romaine lettuce and homemade croutons dressed with Parmesan cheese and Caesar dressing 52. COBB SALAD__$_______ A composed salad of romaine lettuce, bacon, egg, cucumber, tomato, black olives, cheddar cheese 53. WALDORF SALAD__$_______ Mixed baby greens, apples, blue cheese, celery, candied walnuts and red grapes served with a balsamic dressing 54. GREEK SALAD__$_______ A salad of romaine lettuce, beets, garbanzo beans, tomato, cucumber, feta and red onion served with a Greek dressing 55. POACHED PEAR SALAD__$_______ A salad of mixed baby greens and romaine lettuce, poached pear, roasted walnuts, blue cheese and julienne red onion served with an apple cider vinaigrette 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 34 of 56 56. SOUTHWEST CORN SALAD__$_______ A fresh composed salad of arugula, romaine lettuce, roasted corn, black beans, avocado, tomato, red onion and cheddar cheese. Served with a Southwest dressing 57. FRESH FRUIT PLATE__$_______ An array of fresh-cut seasonal fruit garnished with yogurt SOUPS 58. CUP OF SOUP (7 oz per person) __$_______  Beef Barley  Beef Vegetable  Chicken Vegetable  Chicken Noodle  Lemon Rice  Minestrone  Corn Chowder  Mushroom  Lentil  Potato Leek  Vegetable  Broccoli Cheese  Chunky, Spicy Tomato  Rice Florentine SANDWICHES 59. CHICKEN SALAD CROISSANT__$_______ Chicken salad served with fresh-cut fruit, pickle and chips 60. TURKEY CROISSANT $_______ A roasted turkey and cheddar croissant with fresh-cut fruit, pickle and chips 61. CHICKEN RANCH WRAP__$_______ Grilled chicken, Swiss cheese, lettuce, tomato and ranch dressing in a Lawash wrap. Served with fruit, chips and a pickle 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 35 of 56 62. TURKEY CLUB WRAP__$_______ Roasted turkey, bacon, Swiss cheese, lettuce, tomato and mayonnaise in a Lawash wrap. Served with fruit, chips and a pickle 63. VEGETARIAN LAWASH WRAP__$_______ Assorted fresh vegetables, cheese, lettuce, tomato and our house dressing. Served with fruit, chips and a pickle 64. DELI SANDWICH__$_______ A stacked deli sandwich on a Brioche bun. Select one type (chicken salad, tuna salad, turkey, ham, roast beef or corned beef). Served with chips, fruit and a pickle spear D. Luncheons Unless otherwise noted, lunch portion sizes are;  4 oz of meat per person (chicken, beef, pork)  5 oz of seafood per person 65. CRANBERRY BRIE PECAN CHICKEN__$_______ Chicken breast with a cranberry brie stuffing, topped with a pecan herb breading and a caramelized Vidalia sauce 66. CHICKEN PICCATA__$_______ Pan seared with a light lemon caper beurre blanc sauce 67. MEDITERRANEAN CHICKEN__$_______ Marinated chicken breast garnished with an artichoke, Kalamata olive, mushroom feta relish 68. LEMON SAGE CHICKEN__$_______ A chicken breast encrusted with a lemon Parmesan breading, baked and sauced with a sage beurre blanc 69. FLORENTINE CHICKEN__$_______ Chicken breast, breaded and fried served on a bed of sautéed spinach with feta and Parmesan cheese then topped with a white wine cream sauce 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 36 of 56 70. TUSCAN CHICKEN__$_______ Rosemary chicken served with a Tuscan balsamic sauce garnished with basil Parmesan 71. BROILED FILET MIGNON__$_______ Center-cut filet served with a red wine mushroom sauce (Minimum order is 20 people) 72. PORK TENDERLOIN__$_______ Rosemary-Dijon marinated pork tenderloin garnished with a fruit chutney 73. MIXED GRILL__$_______ Choice of two items: chicken piccata (3 oz), rosemary grilled chicken (3 oz), broiled filet mignon (3 oz), salmon beurre blanc (3 oz) or three large marinated grilled shrimp (16/20) 74. SALMON BEURRE BLANC__$_______ Atlantic salmon baked and served with a creamy dill beurre blanc sauce 75. BAKED WHITEFISH__$_______ Baked fillet topped with dill and lemon served with a remoulade sauce 76. THAI BEEF TIPS__$_______ Thai marinated beef tenderloin tips nestled atop a bed of basmati rice. Accompanied by a mélange of vegetables 77. BURRITO COMBO__$_______ One beef (3 oz) and one chicken (3 oz) burrito served with Spanish-style rice and a seasonal roasted vegetable 78. RAVIOLI MEDLEY__$_______ A (6 oz) medley of Florentine, cheese, and portabella mushroom ravioli, served with a fresh marinara and seasonal vegetable 79. CURRY LENTIL BURRITO__$_______ A (6 oz) tortilla filled with lentil, potato, spinach, tomato and herbs accompanied with a spicy cilantro yogurt sauce 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 37 of 56 80. EGGPLANT PARMESAN__$_______ Breaded eggplant (6 oz) fried and sauced with a fresh marinara. Served atop a bed of pasta 81. BROCHETTE DUET__$_______ A duo of skewered beef tenderloin (3 oz) and grilled chicken (3 oz) kabobs served atop a bed of rice pilaf with fresh vegetables Buffets Minimum order of 25 people for all buffets 82. BREAKFAST BUFFET__$_______ Scrambled eggs (3 eggs per person) with side toppings of diced tomatoes, cheddar, and feta cheese. Choose two breakfast meats (6 oz per person): bacon, ham or sausage (turkey or pork). Also includes seasoned potatoes (6 oz per person), assorted pastries, fresh fruit platter, hot beverage service and chilled fruit juices 83. BRUNCH BUFFET__$_______ Vegetable and cheese quiche, French toast casserole, bacon and sausage, smoked salmon platter with bagels, grilled chicken, grilled vegetables, pastries, fruit platter, choice of one salad: Italian chopped salad, Traverse City salad or strawberry romaine salad 84. DELI LUNCH BUFFET__$_______ Make your own sandwich from a selection of three: (turkey, ham, roast beef, corned beef, chicken salad or tuna salad). Served with a variety of cheeses, breads, assorted condiments, pickle tray and chips. Choose two salads from the Traditional Buffet salad list 85. TRADITIONAL BUFFET Lunch: _$_______ Dinner: __$_______ Choice of two meats: 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 38 of 56 • Herbed Roasted Chicken (Bone-in or Boneless) • BBQ Boneless Chicken • Chicken Marsala • Chicken Piccata • Mediterranean Chicken • Lemon Sage Chicken • Roasted Pork Loin Chutney • Salmon with Dill Beurre Blanc • Cod (Fried or Blackened) • Marinated and grilled Flank Steak • Beef Bourguignon • Thai Beef Tips with rice For Dinner Buffets you may substitute one or two entrées for carved items listed below: • Carved Breast of Turkey • Carved Prime Rib • Carved Glazed Ham Choose one Side: • Potato Au Gratin • Pasta Primavera • Buttermilk Mashed Potatoes • Wild Rice Pilaf • Roasted Potatoes Choose one Vegetable: • Glazed Carrots • Grilled Asparagus • Summer Squash Gratin 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 39 of 56 • Green Beans • Broccoli Choice of two Salads: • Caesar • Greek • Italian Chopped • Cobb • Garden • Traverse City • Strawberry Romaine • Fruit • Greek Pasta • Kale Quinoa • Couscous Tabbouleh • Orzo Roasted Vegetable • Redskin Potato • Broccoli 86. SPECIALTY BUFFETS Lunch: _$_______ Dinner: _$_______ MEXICAN BUFFET Choice of chicken or beef burritos and chicken or beef fajitas, Mexican rice, roasted seasoned vegetables and taco salad bar. Served with fresh tortilla chips, dessert and beverage 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 40 of 56 ITALIAN BUFFET Includes lasagna (meat or vegetarian), Tuscan chicken, choice of one pasta: penne, shells or bowtie and one sauce: Alfredo, pesto or marinara, served with caprese salad, Caesar salad, antipasto salad, Italian green beans, fresh-baked bread, dessert and beverage ASIAN BUFFET Includes beef with broccoli, sweet and sour chicken, white rice, Lo Mein, sesame green beans, spinach salad with sesame seed dressing, sesame and vegetable egg rolls with sauce SOUTHERN BUFFET Fried chicken, BBQ ribs, macaroni and cheese, corn casserole, green beans, garden salad, fruit and coleslaw PICNIC BUFFET Choice of two meats (hot dogs, bratwurst, half-pound hamburgers, BBQ boneless chicken), baked beans, coleslaw or potato salad, potato chips, tossed salad and watermelon slices 87. SALAD AND SOUP LUNCHEON BUFFET__$_______ Choose three Salads: • Caesar • Italian Chopped • Cobb • Garden • Fruit • Broccoli • Kale Quinoa • Couscous Tabbouleh • Orzo Roasted Vegetable • Traverse City • Greek • Redskin Potato • Strawberry Romaine • Greek Pasta Choose two Soups: • Beef Barley 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 41 of 56 • Beef Vegetable • Chicken Vegetable • Chicken Noodle • Lemon Rice • Minestrone • Corn Chowder • Mushroom • Lentil • Potato Leek • Vegetable • Broccoli Cheese • Chunky, Spicy Tomato • Rice Florentine 88. Add Grilled Chicken Platter to Soup/Salad Buffet__$_______ 89. Add Broiled Salmon Platter to Soup/Salad Buffet__$_______ F. Dinners Unless otherwise noted, dinner portion sizes are;  6 oz of meat per person (chicken, beef, pork)  7 oz of seafood per person 90. CRANBERRY BRIE PECAN CHICKEN__$_______ Chicken breast with a cranberry brie stuffing, topped with a pecan herb breading and a caramelized Vidalia sauce 91. CHICKEN PICCATA__$_______ Pan seared chicken breast with a light lemon caper beurre blanc sauce 92. MEDITERRANEAN CHICKEN__$_______ Marinated chicken breast garnished with an artichoke, Kalamata olive, mushroom feta relish 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 42 of 56 93. LEMON SAGE CHICKEN__$_______ A chicken breast encrusted with a lemon Parmesan breading, baked, and sauced with a sage beurre blanc 94. FLORENTINE CHICKEN__$_______ Chicken breast breaded and fried, served on a bed of sautéed spinach with feta and Parmesan cheese then topped with a white wine cream sauce 95. TUSCAN CHICKEN__$_______ Rosemary chicken served with a Tuscan balsamic sauce garnished with basil Parmesan 96. BROILED FILET MIGNON__$_______ Center-cut filet served with a red wine mushroom sauce (Minimum order is 20 people) 97. ROAST PRIME RIB OF BEEF__$_______ Slow-roasted prime rib, served with horseradish cream sauce (Minimum order is 20 people) 98. NEW YORK STRIP STEAK__$_______ U.S. Prime beef, juicy and well marbled for peak flavor. (Minimum order is 20 people) 99. PORK TENDERLOIN__$_______ Rosemary-Dijon marinated pork tenderloin garnished with a fruit chutney 100. MIXED GRILL__$_______ Choice of two items: chicken piccata (4 oz), rosemary grilled chicken (4 oz), broiled filet mignon (4 oz), salmon beurre blanc (4 oz) or four large marinated grilled shrimp (16/20). (Minimum order is 20 people) 101. SALMON BEURRE BLANC__$_______ Atlantic salmon baked and served with a creamy dill beurre blanc sauce 102. HERBED WHITEFISH__$_______ Baked fillet topped with an herbed breading and a dill beurre blanc sauce 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 43 of 56 103. THAI BEEF TIPS__$_______ Thai marinated beef tenderloin tips nestled atop a bed of jasmine rice. Accompanied by a mélange of vegetables 104. RAVIOLI TRIO__$_______ Three types of ravioli (8 oz): cheese, portabella mushroom and Florentine. Sauced with a fresh marinara 105. CURRY LENTIL BURRITO__$_______ A (8 oz) tortilla filled with lentil, potato, spinach, tomato and herbs accompanied with a spicy cilantro yogurt sauce 106. EGGPLANT PARMESAN__$_______ Breaded eggplant (8 oz) fried and sauced with a fresh marinara. Served atop a bed of pasta 107. BROCHETTE DUET__$_______ A duo of skewered beef tenderloin (4 oz) and grilled chicken (4 oz) kabobs served atop a bed of rice pilaf with fresh vegetables G. Reception Specialties 108. CHEESE AND CRACKERS__$_______ An assortment of domestic cheeses served with crackers and fruit garnish 109. FRUIT PLATTER__$_______ An assortment of freshly cut seasonal fruits artfully displayed 110. VEGETABLE PLATTER__$_______ Assorted fresh vegetable crudités and dip 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 44 of 56 111. SPINACH ARTICHOKE DIP__$_______/ Per Order Served with seasoned bread and crackers. Can be topped with or without nuts (Serves 25 people) 112. IMPORTED CHEESE, FRUIT AND VEGETABLE TABLE__$_______ A beautiful display of international cheeses, fresh fruit and vegetables served with crackers. (Minimum order is 50 people) 113. ANTIPASTO PLATTER__$_______ Assorted marinated olives, cured meats, cheeses and tortellini skewers, garbanzo beans, artichokes, and pepperoncinis 114. MEDITERRANEAN PLATTER__$_______ Traditional hummus, tapenade and herbed feta. Served with pita bread and vegetable crudites. (Minimum order is 25 people) 115. ASSORTED BRIE EN CROUTE PLATTER__$_______ An assortment of French Brie, baked and served with crackers. (Minimum order is 25 people) 116. SMOKED SALMON PLATTER__$_______/ Per Order A fillet of smoked salmon served with herbed cream cheese and crackers. (Serves 35 people) 117. POACHED ATLANTIC SALMON__$_______/ Per Order A beautiful display of a whole Atlantic salmon accompanied by capers, finely diced red onion, egg and crackers. (Serves 35 people) 118. GRILLED CHICKEN PLATTER__$_______ Herb-marinated chicken breasts, grilled then sliced and served with fresh-baked bread and a variety of house-made condiments 119. ASSORTED CANAPES__$_______/ Per Order Chef’s choice variety of hot and cold hors d’oeuvres attractively displayed using an assortment of meats, vegetables, cheeses, fruits and seafood (50 pieces per order) 120. SHRIMP BOWL__$_______/ Per Order 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 45 of 56 Choice of grilled or served on ice with a snappy cocktail sauce and lemon wedges. (50 pieces per order) 121. PORK TENDERLOIN__$_______ Dijon rosemary marinated pork tenderloin served with fresh-baked bread, cranberry sauce and a horseradish cream sauce. Can be served on a platter or chef carved for an additional fee. (Minimum order is 25 people) 122. ROAST TURKEY__$_______ A roasted savory turkey breast carved by our chef and served with petite rolls and a variety of toppings including tarragon mayonnaise and cranberry sauce. Can be served on a platter or chef carved for an additional fee (Minimum order is 25 people) 123. TENDERLOIN OF BEEF__$_______ Herb-marinated beef tenderloin served with horseradish cream and blue cheese chive sour cream sauces and fresh-baked bread. Can be served on a platter or chef carved for an additional fee (Minimum order is 25 people) 124. GLAZED HAM__$_______ Slow-roasted ham with a sweet honey Bourbon glaze served with petite rolls and condiments. Can be served on a platter or chef carved for an additional fee (Minimum order is 25 people) 125. PASTA ITALIANO__$_______ Choice of two pastas (bowtie, tri-color tortellini, assorted ravioli and fettucine) and two sauces (alfredo, pesto or marinara with or without meat) and a variety of toppings. Chef attended charges apply (Minimum order is 50 people) 126. PREMIUM POTATO BAR__$_______ A trio of purple Peruvian, sweet potato and Yukon gold mashed potatoes served in a martini glass with a variety of toppings, including scallions, cheddar, bacon, herb butter and chives. Self-serve or Chef attended for an additional fee. (Minimum order is 50 people) 127. THREE STATION COMBINATION__$_______ Choose two carved items (Pork Tenderloin, Glazed Ham, Tenderloin of Beef or Breast of Turkey); Pasta Italiano or Premium Potato Bar; Imported Cheese, Fruit and Vegetable Platter. (Minimum order is 50 people) 128. FOUR STATION COMBINATION__$_______ 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 46 of 56 Choose two carved items (Pork Tenderloin, Glazed Ham, Tenderloin of Beef or Breast of Turkey); Pasta Italiano or Premium Potato Bar; Imported Cheese, Fruit and Vegetable Platter; and a Deluxe Dessert Table. (Minimum order is 50 people) 129. DELUXE DESSERT TABLE__$_______ An extravaganza of assorted deserts which include; tortes, cheesecakes, flans, trifles, homemade mousse, chocolate-dipped strawberries and assorted cookies and cookie bars. (Minimum order is 50 people) 130. VIP COFFEE SERVICE__$_______ A variety of flavored coffees and teas, hot chocolate, chocolate twisters, cinnamon, sugar rock candy sticks and whipped cream 131. EXECUTIVE STANDARD__$_______ Select three items from below. Six pieces per person. (Minimum order is 20 people) 132. EXECUTIVE DELUXE__$_______ Select three items from below. Six pieces per person. (Minimum order is 20 people)  Chicken Cornucopia Quesadilla A cone-shaped mini floured tortilla filled with smoked chicken and cheese  Chicken or Beef Satay Hoisin-marinated chicken or beef with a sweet garlic chili sauce  Chicken Bites Choice of Italian, coconut or buttermilk fried golden brown, served with appropriate sauces  BBQ or Swedish Meatballs Meatballs with barbeque sauce or a rich beef and sour cream sauce  Brie Phyllo Cup Baked and topped with raspberry preserves, served with or without a candied nut 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 47 of 56  Mini Crustless Quiche Individual servings of vegetable and cheese quiche  Stuffed Mushroom Caps A variety of silver dollar mushroom caps filled with Italian sausage, spinach, and cheese  Spanakopita Spinach and feta cheese in a flaky phyllo triangle  Beef Crostini Crostini with thinly sliced beef tenderloin served topped with a horseradish cream sauce and parsley Section IV Responsibilities of the Operator 1. Operator will operate food service on a profit-and-loss basis, with no minimum guarantee either as to dollar or unit sales, and with no pre-set monthly or annual fee. 2. Operator will prepare menus, purchase, prepare and serve all food, food products, confections, edibles, and non-alcoholic beverages. Typical hours of operation are from 7 a.m. to Midnight (12 a.m.) Monday through Sunday based on client events or as scheduled by Purchaser. 3. Operator shall not deviate from published client menus without Purchaser consultation and agreement. This includes; food substitutions, garnishments, portion sizes, cooking or serving methods unless necessitated by short-term product availability. 4. Operator will purchase all dry goods, paper supplies, soap, trash bags and cleaning products to be used in the kitchen. 5. Operator is responsible for providing complete linen service (tablecloths and napkins) for all meals, coffee services, receptions, and other MEC functions; and limited paper products as required for breaks & receptions, etc. This includes paper cocktail napkins, doilies, etc. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 48 of 56 6. Operator will employ uniformed staff necessary to provide prompt, efficient, and courteous service and will avoid undue interference with the Purchaser's operations in the areas where food service activities occur. 7. Operator will be solely responsible for obtaining all permits and licenses required by federal, state and local laws and regulations which govern preparation, handling, serving and sale of foods. Operator will furnish copies of the aforementioned to Purchaser. 8. Operator will be solely responsible for observing all applicable building, health, sanitation and safety regulations, rules and laws. Operator is liable for any fines, penalties, etc. levied for non- compliance of any local, state or federal regulations. Operator is not responsible for structural deficiencies which are the responsibility of Purchaser. 9. Operator will be solely responsible for complying with all requirements of federal, state and city unemployment compensation, social security and tax withholding laws; and all laws and regulations pertaining to wages and hours of employment. 10. Unless Purchaser has given its express permission for other use, the equipment and space provided by Purchaser to Operator will be used only for food and beverage services at the MEC, for Purchaser's clients, employees, staff, official visitors, and for other functions which have been scheduled by Purchaser. 11. Operator will assist Purchaser to plan food and beverage requirements for events at MEC. Operator will supply all raw food and beverage ingredients (except alcoholic), appropriate labor and supplies necessary to conduct the event and will provide Purchaser a per-person cost for such services. 12. Operator will forward to Purchaser as soon as possible after an event, an itemized invoice showing the food, beverage, gratuities, and other incidental charges for which Operator is to be paid. 13. In providing food and beverage services, Operator will not discriminate against any employee or employment applicant because of race, sex, age, religion, veteran's status, political beliefs, or handicap, either in employment, recruiting, upgrading, transfer, demotion, pay, training, or other terms or conditions of employment. Nor will Operator discriminate against any person in furnishing any and all services, privileges, accommodations, goods and activities. 14. Operator shall maintain good sanitation and cleanliness, and shall correct any deficiency in sanitation which is disclosed by inspection by Purchaser or by Health Department. Operator must notify Purchaser immediately of deficiencies noted by Health Department, and of corrective action. Operator will provide Purchaser a copy of all health inspection reports immediately. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 49 of 56 15. Operator will be responsible for providing and paying all costs associated with maintain the following;  Telephone services & related call charges  Computer & printer hardware  Printer paper, toner, or ink cartridges  Postage  Use of Purchaser provided copier (Cost of paper) 16. Operator will report fires, hazardous conditions, and items in need of repair or replacement, to Purchaser's representative. Operator's employees will join as active members of the organization for self-protection (fire, civil defense drills, etc.) 17. Operator will provide day-to-day maintenance, and cleaning of all equipment & appliances supplied by Purchaser. Operator shall not allow excess grease build up on appliance interior or exterior surface areas. Operator will bag trash frequently and deliver it to the trash receptacle provided outside the building by Purchaser. Operator will recycle cardboard in a separate container. Operator is responsible to minimize use of all utilities. At the end of each day, or earlier if not in use the Operator shall;  Power down all equipment including exhaust hoods, dishwasher, booster heater, coffee makers, hot plates, lights, etc.  Shut off all water faucets.  Lock as appropriate all refrigerators, freezers, offices and storage rooms.  Sweep floor and remove all trash. 18. Operator will maintain the following insurance coverage: Employer’s liability; General public liability; Liquor host service liability (Minimum coverage of $1,000,000.00 in each category); Unemployment compensation; Workmen's compensation; all in amounts as required by law, regulation, or Michigan State University. Operator must furnish certificate(s) of insurance and must notify Purchaser immediately of any discontinuation of policy, policy changes, or changes in carrier. 40FOR07 | Release date: 04/14/22 | This document is uncontrolled when printed or saved. | Page 50 of 56 19. Operator will pay for breakage and loss of dishes, glassware, and silverware in excess of 3/10 of 1% of gross food sales. Purchaser will invoice Operator for losses at the end of the Purchasers fiscal year which ends June 30th. 20. Operator will not remove any glassware, silverware, dishware, or other equipment from the MEC without express written permission. 21. Operator is responsible for providing light housekeeping services as related to food and beverage operations in all areas in which service has been provided. This includes frequent busing of dirty dishes, removal of trash & emptying of trash cans, changing dirty linens, sweeping of floors and damp wiping of classroom table surfaces. 22. Operator will maintain accurate counts and records, and provide prompt and detailed invoicing to Purchaser. All accounting records are subject to inspection and / or audit by Purchaser. 23. Operator is responsible for any damage to property, equipment or furnishings when such damage is caused by negligence or misuse by Operator's employees. Operator will also bear costs of repair or replacement of equipment which Purchaser determines was damaged by inadequate day-to-day maintenance for which operator is responsible. Section V Operator as Alcoholic Beverage Service Manager 1. In this capacity, Operator will serve Purchaser-owned alcoholic beverages as required by Purchaser for specifically scheduled events only. 2. Operator will be responsible for providing, scheduling and compensating bartenders and waitresses. 3. Operator will be responsible for complete set-up, supply, takedown, and clean-up of all bars and for monitoring and replenishing bar supplies as needed during an event.